problem tenant - Posted by corine

Real Estate Investing Real Estate Law
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“I’m not backing down…” - Posted by JT-IN

Posted by JT-IN on July 08, 2008 at 05:15:50:

That was the premise for a great hit song, but you aren’t Tom Petty… if you haven’t noticed.

There is something about letting sleeping dogs lie, staying away from the hornets nest and not messing with the bear on Friday’s… but when you must, be prepared to do battle. Rarely is he downside of such worth it.

You have a tenant who is paying, has been paying for 2+ yrs. Not sure if you have noticed the climate of the rental mkt lately, but many would like to have that scenario. But then “I’m not backing down…” is always an option, however… you just have to live with the results of your tactic.

DISCRETION IS THE BETTER PART OF VALOR - Exercise caution, don’t take unnecessary risks. Proper judgment is better than unwarranted bravery. (Wm Shakespeare, 1597)

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I agree - Posted by Rich-CA

Posted by Rich-CA on July 07, 2008 at 17:05:53:

In AZ you have to put everything they owe on the notice and its been years since I was a CA landlord. Its a great upgrade.

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Re: “I’m not backing down…” - Posted by Corine

Posted by Corine on July 08, 2008 at 06:33:19:

Your right about the rental market, yet this happens to be in a very desirable area and she’s been easily 300 a month below market this whole time.

I’m getting such mixed messages here. Most say get her the h—gone. I’ve tried your tactics as I am truly a creature whom seeks the path of least resistance, but she just keeps commin at me.

Unfortunately, against my nature, I will follow the advice of others here. I will wait to see what the atty says, then, depending on what she says, (I very much respect her) will take action.

This is a bit over the top, but I’m sure the US was also afraid when we were attacked in Hawaii some time ago. Could the US just sit back? No…

This woman has been a b---- in the best of times. I’ve rolled over every time with her. Though I hate confrontations, I feel I have to stand up to her or shell just keep going and going and going with this.

PS: I had smoothed things out with her…so I thought…last month. I just said I would see her in 6 months. Tell me, why do you think she went to consult an atty. 10 days ago if there was no longer a problem? she has way too much time on her hands, and for the rent she’s been paying, she’ll be lucky to find something comperable in Escondido…without the ocean view.

I’m telling you, she’s up to something and being the meek little one won’t work with her. I want her gone.

And as far as renting it, no problem here. It’s the only one I have like this though.

I just hate all this bad karma.

I always revert back to “what would Trump do?”

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“This is a bit over the top…” - Posted by JT-IN

Posted by JT-IN on July 08, 2008 at 06:53:49:

I would say tat is is… in fact, the whole thing is a bit over the top. IMO, you have jabbed the bull with the lance more than once in this situation, threatening eviction and other means, and then you wonder why she has gotten an Atty…?

Most of your reactions are sensationalized in response to her actions. When you react in such a manner, over-reacting, this brings an even bigger reaction on her part. At some point, and I think you may have reached this pint, it is hard to get the Genie back in the bottle.

And all for what…? $ 600 bucks… No, not really. It is so you could say, “I told you so… OR, I made you tap dance…” With that approach comes a risk… and you may now have to bear the brunt of the risk you have decided to take.

It is not about being passive, but being smart and unemotional… just like a poker player. You make decisions of what to do based on the odds of it working in your favor against what the downside happens to be. In your case you have waged war over 600 bucks, versus a peaceful co-existence and collecting the remaining 6 months of rents quietly, sans the 600 bucks. Now forecast financially where you will be IF you have to evict… or do battle of the exitence of the mold issue against any health claims, etc… It doesn’t play out in my book…

You gotta know when to hold em and know when to fold em…

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Re: “This is a bit over the top…” - Posted by corine

Posted by corine on July 08, 2008 at 07:11:33:

Your right. And I suspect the atty. will have the same response.

But I can’t help bit think to the beginning that she’s been setting me up for this mold business.

I agree, I don’t need this aggrivation over 600 dollars. If I could be assured she’d just pack her s— and leave in 6 mo. that would be great.

All was a peaceful existance until I sent that lousy rent increase. What do you say to that JT

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I’d say you are beginning to focus… - Posted by JT-IN

Posted by JT-IN on July 08, 2008 at 07:21:47:

Reality from fiction…

It is never too late, but what I would recommend is for YOU to have NO MORE contact with this tenant; period. You stand to make the problem worse, based on your emotions… Place someone in charge, a professional prop mgr or other competent party, and let them ride out the remaining 6 months. Take a mental hietus from this situation, and allow the dust (or mold) to re-settle. Odds are it will, and things may end up peacefully.

OR, you culd decide to fight… and you will lose, even if the court says you win… Been there.

Now, for the record, I am not subscribing to letting the tail wag the dog, or the tenant call the shots… but in this case I have to believe that much of this has been unnecessary and brought on by head-strong manuevers that haven’t made a lot of practical sense… just based on what you have written about it over the past months. You reluctance to make complete repairs wasn’t the best choice here, IMO…

I guess time will tell which is the right move from here on out… but I would lay low if I were you, and take a time out on this one. Let someone (who you do NOT fill in on every detail that has occurred) to manage matters for you… and you will enjoy life a whole lot more, I am sure of that. You simply get too emotional about things that are dollars and cents, not life and death… and there in lies part of the problem.

(As Joe Kaiser says after dressing someone down fully) Respectfully,

JT